Technology & Marketing Law Blog

DECEMBER 27, 2023

Moreover, contrary to The Satanic Temple’s novel argument, domain registration is not the same as registration for a social media website.” Code § 3344, which is predicated upon “knowing[ ] use[ ] … for purposes of advertising.” ” * Hoffmann Brothers Heating and Air Conditioning, LLC v. March 29, 2023).

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IP Advertising Advertising Copyright 75

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

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Social Media Law Blogging Publishing 100

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 101

Privacy Marketing Marketing Social Media 101

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. The definition clause under Sec. This association of KBC with his name, voice, and image, in general, was the root cause of a recent scam.

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Branding Brands Branding Personality Rights 98

43(B)log

AUGUST 3, 2023

Dignitary interests: false light, IIED, privacy typically expire w/person. So too w/false advertising. Advertising: false endorsement potential. Actors’ strike is in part about who controls past performances if they’re being used to populate new media productions? Assumptions skipped over in TM/false advertising analysis.]

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Registration False Advertising Advertising Advertising 52

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. A special note about customer data.

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IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. A special note about customer data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

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Personality Rights Privacy Social Media Copyright 64

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. The Karnataka and Orissa High Courts too have dealt with similar matters.

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IP Intellectual Property Copyright Trademark 136

Patently-O

JULY 31, 2024

As with more general rights of publicity and privacy, the drafters were keenly aware of the difficult problem of balancing the legitimate interests of individuals in their own likenesses with others’ freedom of expression. What about the First Amendment? Is this bill perfect? No, far from it.

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Music Licensing Social Media Law 51

Technology & Marketing Law Blog

NOVEMBER 26, 2021

It is not part of a government-run enterprise that only allows incidental expressive activities, such as the advertising space on the side of a city bus” Strict Scrutiny. The off-topic rule is, by definition, a content-based restriction on speech. And in the social media blocking cases (of which Knight Institute v.

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Social Media Government Designs Design 107

Michael Geist

DECEMBER 13, 2022

Added provision blocking CBC from running “advertorial” (blended advertising and editorial) content (ie. “an an advertisement or announcement on behalf of an advertiser that is designed to resemble journalistic programming”) . Harmonized definition of “decision” with Telecommunications Act.

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Government Advertising Advertising Reporting 92

Technology & Marketing Law Blog

DECEMBER 1, 2023

The state pretextually claimed this was an attempt to prevent China from siphoning off American private data, but the law was not a privacy initiative at all. This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers’ digital data and privacy.

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Social Media Privacy Law Publishing 82

LexBlog IP

DECEMBER 21, 2021

In late October, Facebook announced that it would change its name to Meta , signaling a shift of the social media giant’s focus toward the metaverse , a virtual space where social media, gaming, augmented reality, virtual reality, and cryptocurrencies converge and allow people to interact virtually with one another.

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Social Media Television Intellectual Property Privacy 40

Technology & Marketing Law Blog

OCTOBER 18, 2021

the definition of “personal algorithm” (“an algorithm that relies on information specific to an individual”) is confusing and over-inclusive. the exclusion applies equally to personalized content and personalized ad targeting, so this bill would potentially wreak havoc on the entire advertising ecosystem.

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Privacy Social Media Blogging Advertising 135

43(B)log

APRIL 7, 2023

Don’t assume that Brussels and California effect that occurs w/privacy also occurs when corps can adjust tech granularly. Demands to control social media—take down posts from political rivals, block full services—are common around the world. Bradford’s four examples of the Brussels Effect v.

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Art Copyright Settlement Moral Rights 45